The opinion
1 CHAD HATFIELD
Attorney at Law
2 Hatfield Law Office
8131 W Klamath Ct, Ste D
3
Kennewick, WA 99336
4 Telephone: (509) 378-3696
Attorney for Plaintiff
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6 IN THE UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
7 MEDFORD DIVISION
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ALESHA BROWN,
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10 Plaintiff, Case No. 1:23-cv-00160-HL
11 vs.
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MARTIN O’MALLEY,
13 Commissioner of the Social Security ORDER GRANTING PLAINTIFF’S
Administration, PETITION FOR EAJA FEES
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Defendant.
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BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the
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18 Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 24.) Attorney CHAD
19 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie
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Wight, Civil Division Chief, Kevin Danielson and Special Assistant United States Attorney
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David Burdett, represent the Defendant. We have been in communication with the opposing
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counsel and have made some changes per his request.
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24 On December 5,2023, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY
25 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
26 (Ct. Rec. 22/23). Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec.
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24.)
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1 The EAJA provides for an award of attorney fees to private litigants who both prevail in
2 civil actions (other than tort) against the United States and timely file a petition for fees. 28
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U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing
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party unless it finds the government’s position was “substantially justified or that special
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circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A).
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7 Plaintiff seeks attorney fees of $6,022.77 based on an attorney fee rate of $234.95 per
8 hour for 2.0 hours in 2022, $244.62 per hour for 21.5 hours worked in 2023, and 1.2 hours
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worked in 2024. Accordingly, after review,
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IT IS ORDERED:
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(1) The Plaintiff’s Motion (Ct. Rec. 24.) is GRANTED. The Commissioner is
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13 directed to pay Plaintiff EAJA fees of $6,022.77.
14 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiff’s
15 attorney of record. Address for the attorney for the Plaintiff:
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Chad Hatfield
17 8131 W Klamath Ct, Ste D
Kennewick, WA 99336
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(3) EAJA fees, expenses, and costs are subject to any offsets allowed under the
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20 Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, U.S.
21 (2010), 130 S. Ct. 2521, 2522 (2010). No costs or expenses are awarded.
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(4) The District Court Executive is directed to file this Order, provide a copy to
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plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the
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file.
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26 IT IS SO ORDERED.
27 DATED this 23rd day of A _p_r_i_l______ , 2024.
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2 ANDREW D. HALLMAN
3 UNITED STATES MAGISTRATE JUDGE
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ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 3